The precise steps for creating a legal will vary slightly in some states, but the basics are very similar everywhere in the U.S. When a person creates a will (becomes a testator), he or she must be mentally competent. This simply means sane and aware of the consequences of his/her actions. The testator cannot be under duress. In other words, no one can be coercing the testator to draft a will that does not reflect his/her true wishes.

About half the states in the U.S. consider handwritten (also called holographic) wills to be unacceptable except under special circumstances. If the will is signed by the testator, it may still have legal standing in some states. However, it may take a handwriting expert to verify that the will is valid. In general, signing a printed will in front of two witnesses who do not benefit from the will is the best way to go. This means the court has two people who can be called to confirm that the testator was the person who created and signed the will. They can also confirm that the testator appeared to be of sound mind and not under coercion.